SEX 13 DE DEZEMBRO DE 2019 - 17:28hs.
Opinion of lawyer Gustavo Milaré

New sports betting law in Brazil needs to mature

Lawyer in Civil Procedural Law, Gustavo Milaré comments about the recent legalization of fixed-odds sport betting in an article. For the expert, the country must face now the regulation of the norm, and says that the way for Brazil to become one of the three largest sports betting markets in the world, along with China and England, is the supervision and clear rules that must be followed by all the partie involved in the market.

At the end of 2018, the Federal Government tried to legalize fixed-odds sport betting in Brazil, that is, those in which, in making the bet, one already knows how much the prize will be in case of a hit. With the enactment of Law No. 13,756 / 2018, the State expects to raise part of a market that "illegally" moves close to US$1.05 billion per year in the country, according to a study by the Getúlio Vargas Foundation (FGV).

Although the Ministry of Finance still needs to regulate the law, that is, establish how and by whom the activity can be exploited, which must occur within two years, renewable for another two years, companies of the sector are already animated with the possibility of working as a bookmaker, physical or virtual (model more common in other countries and already widely used by Brazilians), to advertise and sponsor, as well as with havng local ways of payment.

In parallel with this move, however, doubts arise about the legislation applicable to the relationship that will be established with the companies and between them and the bettors, since the fixed-odds sport betting will be subject to the legal regime of public law and the norms of public services.

In addition to the necessary supervision of sports betting, future regulations will need to establish the rules that must be followed both for the granting of licenses to operate the activity and for the resolution of the inevitable disputes that will arise.

The definition of the fundamentals of the licensing system and the extension of the responsibility of companies and bettors are fundamental points for the proper functioning of the sports betting in Brazil, especially so that the country achieves the potential predicted by experts to become one of the three largest sports betting markets in the world, along with China and England.

That's why, although it can - and should! - benefiting from foreign experience, especially from some US states, where sports betting has recently been regulated, the Ministry of Finance will need to choose the most appropriate legal models to adopt in Brazil.

If, on the one hand, the doubts about the rules applicable to the activity are still far from being clarified, on the other hand, it is verified that its ample debate is necessary and salutary for the maturing of ideas and proposals, aiming at the adoption of the best and most practices in the Brazilian legal system.

* Gustavo Milaré is a lawyer, Master and Doctor in Civil Procedural Law, member of the Meirelles Milaré Advogados law firm

Source: GMB /